If your business has been served a lawsuit and it is stressing you out, then it's important you take a deep breath and understand it isn't anything personal against you. This is something your business and your corporate attorney must contend with, and being upset or angry just isn't productive.
To stay sane during this long process, follow these legal tips:
Legal Tip: Retain an Experienced Corporate Attorney
If your company does not have a corporate attorney on retainer, then now it the time you need to find one. It is always advisable to work with the local lawyer with the most experience in the type of case filed against your business. For example, if the case is over a securities issue, then a securities law attorney is a requirement if you want to prevail in your case.
Legal Tip: Suspend Your Document Destruction Program
Once a lawsuit has been filed against your business, then it will be held accountable if you get rid of documents that may pertain to the case. For example, if your email server automatically deletes messages after a few months, then you should stop this process today. This will help to preserve messages that may end up becoming part of the legal process.
In addition to email, your company needs to stop destructing:
- documents
- voicemail messages
- video files
- photographs
In addition, you should not make any changes to your website(s) without saving archive copies in case the lawsuit requires you to produce them in court.
Legal Tip: Notify Your Insurance Company About the Impending Lawsuit
While your business's insurance may or may not cover the costs of your lawsuit, it is important to let them know it is happening. When you meet with your lawyer, ask them if they want you to inform your insurance company or if you should give your agent a call yourself.
Legal Tip: End Any Contact with the Plaintiff in Your Case
Finally, it is important to note that if you are still in contact with the person or business who filed the lawsuit, then you should end communication immediately. And, while you may be tempted to call them up and give them a piece of your mind, this is the absolute worst thing you can do for your case. Instead, retain a great corporate lawyer and let them handle the case and the contact with the plaintiff's legal counsel.
If you don't yet have legal counsel and you encounter a lawsuit, try this: speak with local attorneys until you find one who can represent your company with passion and experience.
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